Wayne Vaccine Mandate Upheld By Judge Following PBA Challenge

WAYNE, NJ — The township vaccine mandate for municipal employees was upheld by a Paterson judge on Wednesday, who stated that the mandate was legal and violated no civil liberties in their decision against a Wayne PBA lawsuit.

PBA Local 136 filed the suit on behalf of "all its members", noting three police officers individually who remain unvaccinated by choice. The suit was seeking a preliminary injunction to halt the implementation of the policy, which would require all township employees to be vaccinated by Sept. 17.

The township issued the vaccination mandate in a letter to employees recently, stating that those who weren't vaccinated would face consequences.

"Due to the extreme danger of the ongoing COVID-19 pandemic, non-compliant employees will be prohibited from working within any Township buildings, facilities or in the public," the letter read. Read more: As Cases Rise, Wayne Makes Vaccinations Mandatory For Employees

From the perspective of the PBA, the vaccine mandate violated the civil rights of the police officers the union represents, and put them at risk of losing out on life insurance benefits if they were to die due to complications related to the vaccine. They also challenged whether the mandate could be implemented since it wasn't collectively bargained with the union.

But Superior Court Judge Ernest M. Caposela denied the union's request for an injunction, stating that the policy is "justified in that it is proper exercise of the police power to protect the general public welfare."

Additionally, Caposela wrote, the policy doesn't deprive the officers of any personal or religious liberties, therefore not violating any part of the Constitution.

But, as Northjersey.com first reported, the debate won't end there.

An amended complaint was filed on behalf of the union just before the ruling was announced on Wednesday, which added the state Police and Fireman's Retirement System and Prudential Insurance Co. of America as defendants.

However, Township Attorney Matthew Giacobbe told the publication that he was happy with the outcome of the first ruling nonetheless.

"Science dictates that the vaccine is the best way to protect the health of the public and our employees," he told Northjersey.com.

"We're pleased that our policy remains in full force and effect."

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